In relation to the jobs reform known as Jobs Acts, there have been legislative decrees issued on the matter:
1) increasing protection contracts (new regulation on dismissal for future open-ended employment contracts);
2) new Aspi (social security nets reform in cases of unemployment).
Whilst the latter (also known as NASPI) changes the unemployment supports, the contract with increasing protections affects regulation concerning open-ended contacts of new employees, to which it will no longer apply, as a rule, neither article 18 in the case of dismissal, nor the Fornero procedure concerning cases of appeal.
Therefore, within the same company, the employees will be protected in a different manner, in the case of withdrawal, depending on the date of employment (before or after the legislative decree in question comes into action).
In the case of unjust dismissals (just cause, justified subjective and objective motive), imposed by companies with dimensional requirements, those found in article 18, the newly hired employee may no longer, with few exceptions (verbal or discriminatory dismissal, disciplinary dismissal based on an untrue circumstance or for a non-existent psycho-physio unsuitability), be reintegrated. Only compensation not subject to social security contribution can be recognised, at an amount of two months for each year of work, but no less than 4 and no greater than 24 months.
The benefit is even less (one month for one year of work, with a minimum of 2 and a maximum of 12 months), compared to the above, in cases of dismissal without motive or in violation of the disciplinary procedure.
A type of "agreed benefit" was also introduced (in conciliation between the company and the employee) at 1 monthly payment for each year variable from 2 to 18 months, not subject to contribution or tax, in which the payment involves the termination of the contract from dismissal and the employee's renouncement of a possible repeal.
In small enterprises (companies without the dimensional requirements, if applicable, laid out in article 18) the reintegration is only provided for null or discriminatory dismissal and compensation is less (one for each year of service or even so from 2 to a maximum of 6 months).
In the case of collective dismissals, reinstatement is only possible where there is a lack of a written form, whilst in other cased of violation of established procedure or selection criteria, the employee can only obtain the aforementioned compensation (2 months per year, with a minimum of 4 and a maximum of 24).
